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1. Heard Mr. R.P. Srivastava, the learned counsel for revisionist, the learned A.G.A. for State and Mr. Ashutosh Pandey, Advocate, holding brief of Mr. S.P. Pandey, the learned counsel representing first informant-opposite party-2.

2. Perused the record.

3. This criminal revision has been filed challenging the order dated 08.06.2023, passed by Additional Sessions Judge/Special Judge (Exclusive Court) (POCSO Act), Basti in Special Sessions Case No. 363 of 2019 (State Vs. Ali Husain and Others), under Sections 363, 366 IPC and Sections 7/8 POCSO Act, Police Station-Lalganj, District-Basti, whereby the application dated 13.12.2022 (Paper No. 12-Kha) under Section 319 Cr.P.C. filed by the prosecution has been allowed and consequently, the revisionists, who are prospective accused have been summoned by Court below to face trial under Sections 363, 366, 504 IPC in aforementioned Special Sessions Case.

4. Record shows that in respect of an incident, which is alleged to have occurred on 04.07.2019, a delayed FIR dated 05.07.2019 was lodged by first informant-Insan Ali (father of the prosecutrix) and was registered as Case Crime No. 0143 of 2019, under Sections 363, 366 IPC and Sections 7/8 POCSO Act, Police Station-Lalganj, District-Basti. In the aforesaid FIR, three persons namely (1) Ali Husain, (2) Budhan and (3) Mother of Ali Husain have been nominated as named accused.

5. After aforementioned FIR was lodged, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C. The prosecutrix, who are three in number, were recovered. Thereafter, the statements of the prosecutrix were recorded by the Investigating Officer under Section 161 Cr.P.C. The same are on record at pages 40, 43 and 45 of the paper book. Thereafter, the prosecutrix-X was requested for her internal medical examination but the same was refused. As per the medical opinion, the age of the prosecutrix-X was determine to be 18 years. The prosecutrix-Y also refused for her internal medical examination. As per the medical opinion, her age was determined to be 16 years. The prosecutrix-Z was also requested for her internal medical examination, which was refused by her. As per the medical opinion, she was said to be aged about 9 years. Subsequent to above, the statements of all the three prosecutrix were recorded under Section 164 Cr.P.C., which are on record at pages 106 and 107 of the paper book. On the basis of above and other material collected by Investigating Officer during course of investigation, he came to the conclusion that the complicity of only one of the named accused namely Ali Husain and not named accused Habiburrahman is established in the crime in question. He, accordingly submitted the police report dated 21.08.2019 in terms of Section 173(2) Cr.P.C., whereby aforementioned named accused Ali Husain and not named accused Habiburrahman have been charge sheeted under Sections 363, 366 IPC and Sections 7/8 POCSO Act, whereas the other named accused were exculpated.

6. After submission of aforementioned police report, cognizance was taken upon same by the Special Judge. Consequently, Special Sessions Case No. 363 of 2019 (State Vs. Ali Husain and Others), under Sections 363, 366 IPC and Sections 7/8 POCSO Act, Police Station-Lalganj, District-Basti came to be registered in the Court of Additional Sessions Judge/Special Judge (Exclusive Court) (POCSO Act), Basti.

7. The concerned Special Judge framed charges against the charge sheeted accused vide framing of charge order dated 18.02.2021. Separate charges were framed under Sections 363, 366 IPC and Sections 7/8 POCSO Act.

(xxvi) Sandeep Kumar Vs. State of Haryana, 2023 SCC OnLine SC 888, (xxvii). N. Manogar and Another Vs. Inspector of Police and Others, 2024 SCC OnLine SC 174

23. With the aid of above, this Court now proceeds to examine the veracity of impugned order dated 08.06.2023, passed by Additional Sessions Judge/Special Judge (Exclusive Court) (POCSO Act), Basti in Special Sessions Case No. 363 of 2019 (State Vs. Ali Husain and Others), under Sections 363, 366 IPC and Sections 7/8 POCSO Act, Police Station-Lalganj, District-Basti, whereby the application dated 13.12.2022 under Section 319 Cr.P.C. filed by the prosecution has been allowed.